How Biden prepped for a SCOTUS thumping

The power players, latest policy developments, and intriguing whispers percolating inside the West Wing.
Jun 30, 2023 View in browser
 
West Wing Playbook

By Eli Stokols and Lauren Egan

Welcome to POLITICO’s West Wing Playbook, your guide to the people and power centers in the Biden administration. With help from Lawrence Ukenye 

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When President JOE BIDEN announced his plan last year to forgive $400 billion in student loan debt, there was already an awareness that the Supreme Court’s conservative supermajority could at some point put a halt to it. The 6-3 ruling that did just that Friday came as no surprise to the White House, which has been plotting out its possible response to such an outcome for several weeks.

After seeing how oral arguments in the case went, chief of staff JEFF ZEINTS convened near weekly meetings in his office. Led by Zients and deputy chief of staff NATALIE QUILLIAN, aides from across the administration examined every possible way to help borrowers quickly if and when the Supreme Court struck down the existing program, White House officials told West Wing Playbook.

On those days decisions came down, senior staffers were glued to AMY HOWE’s SCOTUSblog, printing out opinions as soon as they were released and gathering teams to brief the president. After the ruling Friday, Biden directed aides to move forward with the agreed-on plan — an attempt to provide debt relief to low- and middle-income borrowers and to institute an on-ramp to repayment that would help the most vulnerable borrowers.

“I’m not going to stop fighting to deliver borrowers what they need,” Biden said during remarks in the Roosevelt Room. “We need to find a new way, and we’re moving as fast as we can.”

But Biden acknowledged that the proposed plan — which involved launching a rulemaking process under the Higher Education Act that could eventually allow Education Secretary MIGUEL CARDONA to compromise, waive or release loans under certain circumstances — would take time.

“Today’s decision has closed one path. Now we’re going to pursue another,” Biden said. “I’m never going to stop fighting for you. We’ll use every tool at our disposal to get you the student loan debt relief you need.”

The official notice of the rulemaking was finalized Thursday evening and went live on the Department of Education’s website just before the president spoke Friday afternoon. Biden also announced a new 12-month repayment “on-ramp” ensuring that borrowers who miss payments are not considered delinquent or referred to collection agencies for a year.

Though Biden took time to embrace student debt relief, and though his team suspected the court might rule against him, they believed firmly in the legality of the executive action and the policy itself. The positive public response, which exceeded many aides’ expectations, bolstered the administration’s conviction. A poll conducted last month by Data for Progress found that 61 percent of likely voters support Biden’s debt forgiveness program.

“There is real buy-in on this from the top,” one person close to the White House said. “This isn’t just theater.”

Over the last several months, senior officials have been in frequent contact with student loan debt relief advocates and the program’s biggest backers on Capitol Hill.

After a May meeting with Zients in the Roosevelt Room, activists sent the White House a contingency plan outlining their desired actions from the president should the Supreme Court rule Biden’s plan unconstitutional.

“It’s been clear from day one that relief is the only acceptable option,” said MELISSA BYRNE, the executive director of the group, We the 45 Million.

While activists have been pleasantly surprised by Zients and Quillian’s engagement, they’re now taking a wait-and-see approach with the administration. In a statement following the ruling, Byrne said Biden’s program — some 16 million borrowers received emails telling them their debt of $10,000 or $20,000 was forgiven — amounted to “a promise” that he must find a way to keep.

“He must immediately implement a Plan B, including finding a different path to ensure no repayment begins until cancellation is delivered,” Byrne said. Income driven repayment, she continued, “is not relief.” Biden’s initial response seemed satisfactory to Byrne, who tweeted her approval of the president’s comments and the proposed rulemaking.

The White House isn’t the only branch of government under scrutiny in the wake of the student debt relief ruling.

Last fall, the electorate’s broad disgust with the Supreme Court’s abortion ruling helped Democrats avoid the usual midterm wipeout, despite frustration by some progressives over Biden’s initial reaction to it. On Friday, most progressive groups directed their ire at the court’s conservative supermajority, but come next fall, any sense that the president failed to deliver the debt relief he promised could dampen enthusiasm for his reelection among key constituencies.

The League of United Latin American Citizens emphasized the “political significance of this issue, especially for younger voters who played a crucial role in [Biden’s] election.”

The decision, LULAC said in a statement, “now places the responsibility on the Biden administration to explore alternative avenues to provide relief for student loan borrowers that can withstand legal challenges.”

MESSAGE US — Are you SOMEONE WHOSE DEBT RELIEF WAS JUST CANCELED? We want to hear from you. How will this impact you personally and politically? Email us at westwingtips@politico.com.

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POTUS PUZZLER

What has been the most common religious affiliation among presidents?

(Answer at bottom.)

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The Oval

NOT YET READY TO DROP THE BOMB: It’s been a tough two days for Biden when it comes to the Supreme Court. But despite a series of setbacks from affirmative action to student debt relief, the president isn’t ready to go full blast on the third branch. Instead, he’s upping some rhetoric in ways that, while falling short of what they want, still pleasantly surprised the activists who want court changes.

As our HOLLY OTTERBEIN and ZACH MONTELLARO report, “the responses did move Biden incrementally closer to his party’s base, even pleasing some of the progressive activists who have pushed him to adopt hardline changes to the court — and who will be a key part of any successful coalition for him in the 2024 presidential election.

“The most encouraging comment from the president was the unscripted one,” said BRIAN FALLON, who as executive director of progressive judicial issues group Demand Justice has constantly needled the White House to back a liberal plan to add seats to the Supreme Court. “My advice would be to work that into the main message.’”

AND NOW, THE GOOD NEWS FOR BIDEN: The cost of goods and services rose just 0.1 percent, a sign that inflation may finally be easing. Administration officials were happy to see Friday’s personal consumption expenditure price index, the Federal Reserve’s preferred inflation barometer, showing that inflation over the last 12 months slowed to 3.8 percent, down from 4.3 percent. That’s the lowest level since April 2021, according to the government’s report.

WHAT THE WHITE HOUSE WANTS YOU TO READ: This piece by the New York Times’ DAVID BROOKS that argues Biden “isn’t getting the credit he deserves” not only due to nagging inflation, but the “collective moral injury” the nation sustained during former President DONALD TRUMP’s eventful years in office.

While the administration has been quick to link job growth and low unemployment to legislation Biden spearheaded into passage, the president’s approval numbers have yet to see a bump that coincides with how Americans view the state of their personal lives.

WHAT THE WHITE HOUSE DOESN’T WANT YOU TO READ: This piece by Axios’ DAN PRIMACK and THOMAS OIDE about how U.S. stock market gains during the Biden presidency have trailed index increases under former Presidents DONALD TRUMP and BARACK OBAMA.

THE BUREAUCRATS

WHITE HOUSE ARRIVAL LOUNGE: The president announced in a statement Friday that CHRISTIAN TOM was joining the administration and will be the next director of the Office of Digital Strategy and an assistant to the president. “As a Day One member of my team,” Biden said, Tom “helped develop a first-of-its-kind digital strategy in 2020.” Tom follows ROB “JUST CHILLIN’ IN CEDAR RAPIDS” FLAHERTY in that position. He will be the first person of color to lead the White House digital operation and the first person of East Asian background to join the ranks of assistants to the president.

Biden also announced that PATRICK STEVENSON will be deputy assistant to the president and senior adviser for digital strategy. And TERICKA LAMBERT will be promoted to deputy assistant to the president and deputy director of digital strategy.

MORE PERSONNEL MOVES: RYAN UYEHARA is now deputy chief of staff at the Office of Personnel Management. He most recently was special assistant to the assistant secretary of defense for health affairs.

— CHAD MAISEL is now special assistant to the president for housing and urban policy. He most recently was director of racial and economic justice for the Domestic Policy Council.

Agenda Setting

FAKE REVIEWS BEGONE: The Federal Trade Commission on Friday proposed new rules to prevent firms from altering reviews that may deceive consumers. The new regulations would penalize companies from suppressing negative reviews and paying for positive reviews. Penalties for fake reviews could carry a fine up to $50,000, the Washington Post’s JEFFREY A. FOWLEY reports.

The move comes as federal agencies have stepped up efforts to protect consumers, including Biden’s push to target the use of junk fees.

FRIDAY AFTERNOON NEWS DUMP: This is how you bury the bad stuff. The State Department released a report Friday that said both Biden and Trump failed to anticipate how badly a U.S. military pullout from Afghanistan would have impacted the government’s stability there. As our own MATT BERG reports, a key issue was the absence of actual lines of command and communication.

“Among contributing factors to the chaotic and violent withdrawal, the report found, were that the State Department wasn’t best prepared for the collapse of the Afghan government, ‘prolonged gaps in filling’ senior positions overseas and difficulties staffing and running the department’s in-person crisis response due to the coronavirus pandemic,” Berg reports.

 

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What We're Reading

The Military Recruiting Crisis: Even Veterans Don’t Want Their Families to Join (WSJ's Ben Kesling)

Can President Joe Biden Sell “Bidenomics”? (Vanity Fair’s Chris Smith)

Robert F. Kennedy Jr. and the Coalition of the Distrustful (NYT's Michelle Goldberg)

POTUS PUZZLER ANSWER

There have been 11 Episcopalian presidents. GEORGE H.W. BUSH was the most recent one, according to the Pew Research Center.

A CALL OUT! Do you think you have a harder trivia question? Send us your best one about the presidents, with a citation or sourcing, and we may feature it!

Edited by Eun Kyung Kim and Sam Stein.

 

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